HomeMy WebLinkAboutContract 50622-A1 09/10/2019
4:59 pm
CITY SECRETARY CONTRACT NO. 50622-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50622
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
RCM ARCHCO DYLAN PHASE I LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50622
("First Amendment"),is made and entered into by and between the City of Fort Worth ("City"),
a home-rule municipal corporation of the state of Texas, and RCM ArchCo Dylan Phase I LLC
("Developer"),a Delaware limited liability company authorized to conduct business in the state of
Texas.
WHEREAS, City and Developer entered into a Community Facilities Agreement, City
Secretary Contract No. 50622 ("CFA"), by which Developer is constructing certain public
infrastructure Improvements for a Project described as The Dylan; and
WHEREAS, Developer provided a cash escrow to the City as the financial guarantee for
the CFA; and
WHEREAS, Developer has constructed two-thirds of the Improvements and desires a
reduction in the financial guarantee in the amount of two-thirds of the financial guarantee as
authorized by the CFA Ordinance;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends City Secretary
Contract No. 50622:
1.
City Secretary Contract No. 50622 is hereby amended to add Section S. to be and read as
follows:
S. Developer and City agree that Developer's financial guarantee may be
reduced in the amount of$391,666.66, which equals two-thirds of the amount of
the financial guarantee Developer provided for the CFA.
2.
Upon execution of this First Amendment,City will begin processing a refund in the amount
of$391,666.66 to Developer.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment Number 1 to City Secretary Contract No.50622 FT WORTH,TX
Page 1 of 3
3.
a. All other provisions of the CFA, which are not expressly, amended herein, shall remain in
full force and effect.
b. All terms in this First Amendment that are capitalized, but not defined, shall have the
meanings ascribed to those terms in the CFA.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth,Texas
Amendment Number 1 to City Secretary Contract No. 50622
Page 2 of 3
IN TESTIMONY WHEREOF, the City and Developer have executed this First
Amendment to be effective on the date signed by the City's Interim Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
RCM ArchCo Dylan Phase I LLC
P ?u,ghdoff(Sep1Q,20 f�
Dana Burghdoff Neil T.Brown(Sep 9,2019
Interim Assistant City Manager Name: Neil T. Brown
Title: President-RCM ArchCo Dylan
Date:
Sep 10,2019 Manager LLC
Recommended by: Date: Sep 9,2019
ATTEST: (Only if required by Developer)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Name:
Approved as to Form &Legality:
Richard A. McCracken
Richard A.McCracken(Sep 10,2019) Contract Compliance Manager:
Richard A. McCracken By signing, I acknowledge that I am the
Sr. Assistant City Attorney person responsible for the monitoring and
M&C No. NSA administration of this contract, including all
Date: performance and reporting requirements.
Form 1295:N/A
�R l > sr Ceti
Janie Scanett Morales(Sep 10,2019)
ATTEST; O
Name: Janie Scarlett Morales
Title: Development Manager
Mary J. Kayser
City Secretary jEX
P.S ,
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment Number 1 to City Secretary Contract No. 50622 FT, WORTH,TX
Page 3 of 3 ��t�